Man files ADA lawsuit against city of Vallejo

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A California man sued the city of Vallejo in federal court alleging the city’s downtown parking lots, like Lot L (seen here), located at Sonoma Boulevard and York Street, violate state and federal accessibility laws.

The city of Vallejo has been hit with a federal lawsuit from a man claiming that the city’s downtown parking lots are inaccessible to him as a wheelchair user.

The San Diego-based Center for Disability Access filed the lawsuit Tuesday in the U.S. Eastern District Court of California on behalf of Jerry Kraus.

In the 18-page lawsuit, Kraus is seeking an injunction from the court ordering the city to modify the downtown parking lots to comply with federal and state accessibility laws, unspecified general, compensatory and statutory damages, and attorney fees.

According to the lawsuit, Kraus, who uses a wheelchair because of a back injury, visits downtown Vallejo “on a regular and continuing basis to visit the businesses located there and participate in community events,” including the city’s Farmers’ Market every Saturday.

Kraus alleges encountering accessibility barriers when attempting to park his van, which includes a deployable ramp, in the the K, L, M parking lots in the downtown area.

He argues that the K lot, located at Marin and York streets, has 57 parking spaces, with only two of the spots designated as disabled parking, instead of the required three spaces. He further alleges that one of the parking spots should be designated for accessible van parking, that the designated disabled parking spaces slopes exceed 2.08 percent, that the access aisle used for both disabled parking spots is less than 60 inches in width and is not striped.

Kraus additionally contends that the lot’s signage doesn’t include minimum fine and towing language, which state law requires, and the disabled parking spots have faded markings and the pavement is cracked.

The lawsuit further states Kraus has had similar issues while attempting to park in Lot L, situated along Sonoma Boulevard and York Street, and Lot M, located on Curtola Parkway and Marin Street.

“Because none of the three lots provides van accessible parking, and the designated accessible spaces provided are not configured correctly, (Kraus) experiences difficulty, discomfort and embarrassment deploying his ramp and entering/exiting his modified van,” the lawsuit states.

In addition, he alleges that, while not personally encountering the issue, Kraus said the city’s other downtown parking lots also include barriers which make it difficult or impossible for disabled persons to park.

He also contends that he has encountered vehicles, without disability placards, parked in disabled parking spaces, “suggesting the City has an inadequate policy for enforcing parking restrictions in its lots and/or resulting from the City’s failure to properly mark, sign, and maintain the spaces.”

Asked for comment on Thursday, Vallejo City Attorney Claudia Quintana said she was unaware if the city had been served with the lawsuit yet.